BAIL ACT 1980 - SECT 19C
Review by Supreme Court of magistrate’s decision on a review
BAIL ACT 1980 - SECT 19C
Review by Supreme Court of magistrate’s decision on a review
19C Review by Supreme Court of magistrate’s decision on a review
(1) If a decision is made by a magistrate on a review of a decision about
release under this part or the Youth Justice Act 1992, part 5 , the
defendant, complainant or prosecutor or a person appearing on behalf of the
Crown may apply to the Supreme Court as constituted by a single judge for a
review of the magistrate’s decision.
(2) A complainant, prosecutor or a
person appearing on behalf of the Crown who makes an application under
subsection (1) must take reasonable steps to inform the defendant of the time
and place for the hearing of the application.
(3) The hearing may proceed in
the defendant’s absence, if the reviewing court is satisfied the steps were
taken.
(4) The decision may be reviewed only with the court’s leave.
(5)
On the review, additional or substitute evidence or information may be given
and the court may make any order it considers appropriate.
(6) However, the
orders that may be made under subsection (5) are limited by sections 16, 16Aand 17(1A) and, if the defendant is a child, the Youth Justice Act 1992,
sections 48, 48AAA , 48AE and 48A .
